The primary administration of this chapter is hereby vested in three offices of the government of the city, as follows: The zoning administrator, board of appeals and planning, heritage, and design commission. This division shall first set out the authority of each of these four offices, and then describe the procedure and substantive standards with respect to the following administrative functions:

(1)

Issuance of occupancy certificates.

(2)

Variances.

(3)

Appeals.

(4)

Amendments.

(5)

Conditional uses.

(6)

Fees.

(7)

Penalties.

(Code 1973, § 16.03.010; Ord. No. 0026-19, pt. 34, 11-12-19)

For the purposes of this chapter, the chief building inspector shall assume the position of zoning administrator, and his responsibilities shall include the following:

(1)

Issue all certificates of occupancy, and make and maintain records thereof;

(2)

Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this chapter;

(3)

Issue violation notices requiring compliance within 30 days, and advising suspected violators of the right of appeal;

(4)

Require all construction of work of any type be stopped when such work is not in compliance with this chapter; and revoke any permit which was unlawfully issued;

(5)

Review and approve or deny all applications for approval of nonlisted uses, as established in section 114-656;

(6)

Have possession of permanent and current records of this chapter, including, but not limited to, all maps, amendments, conditional uses, variances, appeals, and applications thereof;

(7)

Assist in providing public information relative to this chapter;

(8)

Forward to the secretary of the plan commission all applications for conditional uses and for amendments to this chapter that are initially filed with the office of the zoning administrator;

(9)

Forward to the board of appeals applications for appeals, variances, or other matters on which the board of appeals is required to pass under this chapter;

(10)

Forward to the planning, heritage, and design commission copies of all applications for variances, conditional uses, and amendments affecting property designated as a landmark or located within the special district "H";

(11)

Enforce all orders of the board of appeals;

(12)

Initiate, direct, and review, from time to time, a study of the provisions of this chapter, and make a report of his recommendations to the planning, heritage, and design commission not less frequently than once a year; and

(13)

Keep records which document the certified lowest floor and regional flood elevations for floodplain development.

(Code 1973, § 16.03.020; Ord. No. 0026-19, pt. 35, 11-12-19)

For the purposes of this chapter, the chief building inspector or assignees thereof may, at any reasonable time, with probable cause, enter any premises, public or private, to ensure compliance with this chapter.

(Ord. No. 15-04, pt. 2, 4-19-04)

(a)

Creation and rules. The planning, heritage, and design commission, which shall have the powers of a city plan commission as established under the provisions of the Wis. Stats. § 62.23(1), is the planning, heritage, and design commission referred to in this chapter.

(b)

Planning activities. The planning, heritage, and design commission shall discharge the following duties of a city plan commission under this chapter:

(1)

Review and report on all matters referred to it by the common council pursuant to Wis. Stats. § 62.23(5).

(2)

Review all applications for conditional uses, hold hearings thereon, and recommend action to the common council, as prescribed in article III of this chapter, pertaining to conditional uses.

(3)

Receive from the zoning administrator his or her recommendations as related to the effectiveness of this chapter and report its conclusions and recommendations to the common council not less frequently than once a year.

(c)

Historic preservation. As to historic preservation and landmarks preservation, including but not limited to as set forth in chapter 58, the duties of the planning, heritage, and design commission shall be to:

(1)

Develop public support for historic preservation and the location and identification of potential landmarks and landmark sites.

(2)

Develop appropriate criteria and standards for identifying and evaluating neighborhoods, areas, places, structures and improvements within the city which have distinctive character of special historic, aesthetic, architectural, archaeological, or cultural interest or value, and might be classified as landmarks or landmark sites.

(3)

Conduct studies and surveys of neighborhoods, areas, places, structures and improvements within the city for the purpose of determining those of a distinctive character or special historic, aesthetic, architectural, archaeological or cultural interest or value, and of compiling appropriate descriptions, facts, lists and files.

(4)

Promote public education, interest and support for the preservation and enhancement of such landmarks, sites or characteristics.

(5)

Cooperate with and advise the common council, plan commission and other agencies and departments of government with regard to such matters as may be appropriate with respect to landmarks, sites or characteristics.

(6)

Cooperate with and enlist assistance from the National Trust for Historic Preservation, the state historical society, the county historical society and other agencies, groups or individuals active in the field of historic and cultural preservation.

(7)

Develop and recommend ordinances, legislation and programs and otherwise provide information for the purpose of historic preservation to the common council and other governmental bodies.

(8)

Work on a voluntary basis with the owners of landmarks or landmark sites or areas, advising them on the benefits, problems and techniques of preservation and encouraging their participation in preservation activities.

(9)

Within the scope of chapter 114, the planning, heritage, and design commission shall have the following responsibilities:

i.

Review all applications for a variance within the special district "H" and concerning any site designated as a landmark, to determine compliance with the provisions of the landmarks preservation ordinance, and make recommendations thereon to the board of appeals.

ii.

Review all applications for a conditional use or amendment within the special district "H" or affecting any site designated as a landmark, to determine compliance with the provisions of the landmarks preservation ordinance, and submit written recommendations thereon to the common council.

(d)

Downtown area design review. As to downtown area design review, the duties of the planning, heritage, and design commission shall be to review applications for activities as described in chapter 114, article VII, division 12 for conformance with the downtown design guidelines for all new exterior construction activities, all building expansions, and all exterior renovation/rehabilitation activities for projects whose impact will result in the alteration of the visual character or impact of the façade.

(1)

Application for design review shall be made to the director of city development.

(2)

The planning, heritage, and design commission shall review applications during open meetings. Reviews shall be conducted within 45 days after a complete application is filed with the director of city development or the activity shall be deemed approved.

(3)

The planning, heritage, and design commission shall issue written findings to the chief building inspector within 45 days after the application was filed with the director of city development. The written findings shall indicate whether or not the proposed activity being reviewed meets the downtown area design guidelines, and the findings shall be immediately transmitted to the applicant. If the design guidelines are found not to be met, the applicant may file revised plans for review by the planning, heritage, and design commission addressing any deficiencies.

(4)

The chief building inspector shall issue building and/or occupancy permits within the downtown area for projects requiring review by the planning, heritage, and design commission, after receiving written approval by the planning, heritage, and design commission, or by the common council, except as otherwise provided herein, and in addition to other approvals required by law, ordinance or regulation.

(Code 1973, § 16.03.040; Ord. No. 0026-19, pt. 36, 11-12-19)

Cross reference— Boards, committees, commissions, § 2-166 et seq.

State Law reference— Creation, power and jurisdiction of the plan commission, Wis. Stats. § 62.23(1)—(4).

(a)

Creation and membership. The board of appeals shall consist of five members and two alternate members appointed by the mayor, subject to confirmation of the common council. Such appointments and members shall be governed by Wis. Stats. § 62.23(7)(e)2. The city attorney shall assign a member of his staff to meet with the board in an advisory capacity without vote.

(b)

Jurisdiction. The board of appeals shall have the following powers granted in Wis. Stats. § 62.23(7)(e)7:

(1)

To hear and decide appeals from any order, requirement, decision, or determination made by the zoning administrator under this chapter.

(2)

To hear and pass upon applications for special exceptions or variances from the terms of this chapter.

(3)

To hear and decide all matters referred to it or upon which it is required to pass under this chapter.

(c)

Meetings and rules. The board of appeals shall adopt rules and regulations for its own government, not inconsistent with law or with the provisions of this chapter and of any other ordinance of the city. Meetings of the board of appeals shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

(d)

Hearings; records; quorum; actions. Hearings of the board of appeals shall be public. The board shall designate an employee of the city who is familiar with zoning matters to act as its secretary. The secretary shall keep minutes of its proceedings, showing the action of the board and vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. The presence of a majority of the members of the board shall constitute a quorum. The board shall act by resolution.

(e)

Assistance from other city departments. The board of appeals may call on other city departments for assistance in the performance of its duties and it shall be the duty of such other departments to render such assistance to the board as may be reasonably required.

(f)

Powers of review. The board of appeals shall review any order requiring decision or determination made by the chief building inspector pursuant to the provisions of this chapter.

(g)

Determinations. The concurring vote of a majority of the members present at the meeting shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass, or to effect any variation in this chapter. The grounds of every such determination shall be stated.

(h)

Finality of decision. All decisions and findings of the board of appeals on any application for a variance, after a public hearing, shall, in all instances, be the final administrative decision and shall be subject to judicial review. No application for a variance which has been denied by the board may be resubmitted for a period of one year from the date of the order of denial, except under extraordinary circumstances or on the grounds of new evidence discoverable after the hearing or proof of substantially changed conditions found to be valid by the board.

(i)

Review of chief building inspector order. The board of appeals shall review any order requiring a decision or determination made by the chief building inspector pursuant to the provisions of chapter 18, article II, of this Code, provided that the jurisdiction of the board shall not extend to questions regarding occupying or obstructing public rights-of-way or to questions that are subject to the jurisdiction of the health officer.

(1)

Rules of procedure. The board of appeals shall adopt its own rules of procedure regarding the review of any order requiring a decision or determination made by the chief building inspector and shall keep a record of its proceedings, showing the action of the board and the vote of each member upon each question considered. All decisions and findings of the board shall be reduced to writing. A duplicate copy of all decisions or findings shall be given to the appellant. Decisions as to the use of alternate materials or types of construction shall be by majority vote of the members present. Notices of hearing on all appeals to the board shall be mailed at least five days before the time of hearing to the owners of all property within a radius of 150 feet of that which is the subject of such appeal.

(2)

Appeals.

a.

Generally. Appeal from any order requiring a decision or determination or ruling by the chief building inspector concerning the enforcement of the provisions of this article may be made to the board of appeals within such time as shall be determined by the board, but not following commencement of prosecution. The appellant shall file with the secretary of the board a notice of appeal, specifying the grounds therefor. An appeal may be taken by any person whose application for a permit for the use of new material or methods of construction has been refused by the chief building inspector or who may consider that the provisions of this article do not cover the question raised or that the enforcement of any particular provision will cause a manifest injury to be done. In every such appeal, the appellant desiring to use alternate materials or types of construction shall guarantee payment of all expenses for necessary tests made or ordered to be made by the board.

b.

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the matter appealed from unless the chief building inspector shall certify to the board of appeals that, by reason of the facts stated in his certificate, a stay, in his opinion, would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order issued by the board of appeals or by a court of competent jurisdiction on notice to the chief building inspector.

c.

Record on appeal. The chief building inspector shall transmit to the board of appeals all petitions, plans, drawings, papers, matters or things constituting the record in the matter of the appeal.

(3)

Powers.

a.

The board of appeals may reverse or affirm, wholly or in part, or may modify, any order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in the opinion of the board ought to be made in the matter and to that end shall have all the powers of the chief building inspector.

b.

The board of appeals shall interpret the provisions of this article in such a way as to carry out the intent and purpose thereof.

c.

The board of appeals shall have the power to call on any of the other departments of city government for assistance in the performance of its duties, and it shall be the duty of every department to render such assistance as may reasonably be required.

(Code 1973, § 16.03.030; Ord. No. 2-92, pt. 1, 2-19-92; Ord. No. 22-96, pt. 2, 10-15-96; Ord. No. 1-09, pts. 1, 2, 2-3-09; Ord. No. 0027-19, pt. 3, 11-12-19; Ord. No. 0009-24, pt. 15, 12-3-24)

Cross reference— Boards, committees, commissions, § 2-166.

State Law reference— Board of appeals, Wis. Stats. § 62.23(7)(e).

Editor's note— Ord. No. 0026-19, pt. 37, adopted November 12, 2019, repealed § 114-35, which pertained to landmarks preservation commission and derived from Code 1973, § 16.03.050.

Inspection fee for the first inspection shall not apply. If no violations of the zoning code are found, the case will be closed, and no further action will be taken. If violations are found to exist, the property owner will be issued an order to correct violations within 30 days. If upon reinspection the violations have been corrected, the case will be closed, and no further action will be taken. If upon reinspection the violations are found to still exist, the property owner will be assessed an inspection fee as set forth in the fee schedule as established by the common council. If the violations continue after reinspection, the property owner may be subject to a citation being issued for the violations. The property owner may also be subject to their conditional use permit and/or occupancy certificate being revoked.

(Code 1973, § 16.03.130; Ord. No. 17-99, pt. 1, 12-7-99; Ord. No. 10-14, pt. 1, 10-7-14; Ord. No. 0028-19, pt. 103, 11-12-19)

(a)

Any person charged with a violation of the offenses listed under subsection (b) of this section may pay the amount enumerated therein at the office of the municipal court in lieu of a court appearance. Persons wishing to contest charges contained in subsection (b) of this section may contact the office of the municipal court to arrange a court appearance date.

(b)

The following forfeiture for the offense listed herein may be paid at the office of the municipal court:

(Ord. No. 5-01, pt. 3, 2-21-01; Ord. No. 0011-20, pt. 39, 10-20-20)

The board of appeals, after a public hearing, may vary the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances set forth in this division, where such board makes findings of fact in accordance with the standards prescribed in this division, and further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.

(Code 1973, § 16.03.080(a))

Application for a variance shall be filed with the zoning administrator. The application shall contain such information as is required by the board of appeals. Notice of hearing on such application shall be published twice in a newspaper of general circulation in the city, not more than 15 days nor less than seven days before the date of hearing. Notices shall also be mailed to owners of all property within 200 feet of the subject site. The board shall reach its decision within 45 days of the date of hearing.

(Code 1973, § 16.03.080(b))

(a)

The board of appeals shall not vary the regulations of this chapter unless it shall make findings based upon the evidence presented to it in each specific case that:

(1)

Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out;

(2)

The conditions upon which an application for a variance is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification;

(3)

The purpose of the variance is not based exclusively upon a desire to increase financial gain;

(4)

The alleged difficulty or hardship is caused by the provisions of this chapter and has not been created by any persons presently having an interest in the property;

(5)

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; and

(6)

The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or impair natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(b)

The board of appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section and the objectives of this chapter.

(Code 1973, § 16.03.080(c))

The board of appeals may authorize by variance the following temporary uses:

(1)

The temporary use of a building or premises in any district for a purpose that does not conform to the regulations prescribed by this chapter for the district in which it is located, provided that such use be of a truly temporary nature and does not involve the erection of substantial buildings. Such permit shall be granted in the form of a temporary and revocable permit for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

(2)

The temporary use of a building or premises in undeveloped sections for a purpose that does not conform to the regulations prescribed by this chapter for the district in which it is to be located, provided that such structure or use is of a truly temporary nature, is promotive of or incidental to the development of such undeveloped sections and does not involve the erection of substantial buildings. Such permit shall be granted in the form of a temporary and revocable permit for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

(Code 1973, § 16.03.080(d))

Any application for a variation involving a landmark site or property located within the special district "H" shall be forwarded by the zoning administrator to the planning, heritage, and design commission for their review prior to the public hearing. The commission shall report its findings and recommendations to the board of appeals within 30 days of receipt of the application.

(Code 1973, § 16.03.080(e); Ord. No. 0026-19, pt. 38, 11-12-19)

Where a variance has been granted pursuant to the provisions of this chapter, such approval shall become null and void unless work thereon is substantially under way within 12 months of the date of issuance, unless extended by the board of appeals.

(Code 1973, § 16.03.080(f))

An appeal may be taken to the board of appeals by any person, or by any office, department, board or bureau, aggrieved by a decision of the zoning administrator. Such appeal shall be taken not later than ten days after the decision or the action complained of, by filing with the zoning administrator a notice of appeal specifying the grounds thereof. The zoning administrator shall transmit to the board all of the papers constituting a record upon which the action appealed from was taken.

(Code 1973, § 16.03.090(a))

An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board of appeals, after the notice of the appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property, in which case the proceedings shall not be stayed unless otherwise directed by a court of record on application, on notice of the zoning administrator and on due cause shown.

(Code 1973, § 16.03.090(b))

A notice of hearing shall be published twice in a newspaper of general circulation in the city, not more than 15 days nor less than seven days before the date of hearing. Notices shall also be mailed to owners of all property within 200 feet of the subject site. The board shall reach its decision within 45 days of the date of hearing.

(Code 1973, §§ 16.03.080(b), 16.03.090(c))

The board of appeals may affirm or may reverse, wholly or in part, or modify, the order, requirement, decision or determination of the zoning administrator and, to that end, shall have all the powers of the officer from whom the appeal is taken. The zoning administrator shall maintain records of all actions of the board relative to appeals.

(Code 1973, § 16.03.090(d))

For the purpose of promoting the public health, safety, and general welfare, conserving the value of property throughout the community, and lessening or avoiding congestion in the public streets and highways, the common council may, from time to time, in the manner set forth in this division, amend the regulations imposed in the districts created by this chapter or amend district boundary lines; provided, that in all amendatory ordinances adopted under the authority of this section, due allowances shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire community, and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.

(Code 1973, § 16.03.100(a))

Text amendments to this chapter may be proposed by the common council, planning, heritage, and design commission, or any interested person or organization. Zoning map amendments may be proposed by the owner of the property involved or the common council or planning, heritage, and design commission. In addition, whenever the owners of 50 percent or more of the frontage in any district or part thereof present a petition, duly signed and acknowledged, to the common council requesting an amendment, supplement or change in the district regulations, it shall be the duty of the common council to vote upon such petition within 90 days after the filing of the petition by the petitioners with the city clerk.

(Code 1973, § 16.03.100(b); Ord. No. 0026-19, pt. 39, 11-12-19)

An application for an amendment to this chapter shall be filed with the zoning administrator in such form and accompanied by such information as shall be required by the zoning administrator. The zoning administrator, upon receiving an application for amendment, shall transmit the application, within ten days, along with all pertinent data filed therewith, to the city planning, heritage, and design commission for review and recommendation to the common council.

(Code 1973, § 16.03.100(c); Ord. No. 0026-19, pt. 40, 11-12-19)

The common council shall hold public hearings on proposed amendments to this chapter in accordance with existing procedures under this Code and in accordance with Wis. Stats. § 62.23.

(Code 1973, § 16.03.100(d))

Notice of the time, place and purpose of a hearing under this division shall be given by publication as a class 2 notice under the state statutes in a newspaper of general circulation within the city. Notice shall also be sent to the district office of the state department of natural resources where floodland properties are involved.

(Code 1973, § 16.03.100(e))

Editor's note— Ord. No. 0026-19, pt. 41, adopted November 12, 2019, repealed § 114-81, which pertained to involvement of landmarks preservation commission and derived from Code 1973, § 16.03.100(f); Ord. No. 23-05, pt. 2, December 6, 2005.

(a)

The planning, heritage, and design commission shall submit recommendations to the common council within 60 days of receipt of the application for amendment. Extension of this time period may be allowed by mutual consent of applicant and planning, heritage, and design commission. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the planning, heritage, and design commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters:

(1)

Existing uses of property within the general area of the property in question;

(2)

The zoning classification of property within the general area of the property in question;

(3)

The suitability of the property in question to the uses permitted under the existing zoning classification;

(4)

The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place in its present zoning classification; and

(5)

The objectives of the current land use plan for the city.

(b)

The planning, heritage, and design commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is not detrimental to the public interest. The planning, heritage, and design commission may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this subsection, the R1 district shall be considered the lowest classification.

(Code 1973, § 16.03.100(g); Ord. No. 0026-19, pt. 42, 11-12-19)

(a)

The common council shall not act upon a proposed amendment to this chapter until it shall have received a written report and recommendation from the planning, heritage, and design commission on the proposed amendment.

(b)

The common council may grant or deny any application for an amendment to this chapter, provided however, that in case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20 percent or more either of the areas of the land included in such proposed change, or by the owners of 20 percent or more of the area of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by three-fourths vote of the common council. Such three-fourths vote will also be necessary if the planning, heritage, and design commission recommends denial.

(Code 1973, § 16.03.100(h); Ord. No. 0026-19, pt. 43, 11-12-19)

No application for a zoning map amendment which has been denied by the common council shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of condition found to be valid by the zoning administrator.

(Code 1973, § 16.03.100(i))

No building, or addition thereto, constructed after the effective date of the ordinance from which this chapter derives, and no addition to a previously existing building shall be occupied, and no land, vacant on the effective date of the ordinance from which this chapter derives, shall be used for any purpose until a certificate of occupancy has been issued by the zoning administrator. No change in a use shall be made until a certificate of occupancy has been issued by the zoning administrator. Every certificate of occupancy shall state that the use or occupancy complies with the provisions of this chapter.

(Code 1973, § 16.03.070)

Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the zoning administrator.

(Code 1973, § 16.03.070(a))

(a)

No occupancy certificate for a building, or portion thereof, constructed after the effective date of the ordinance from which this chapter derives shall be issued until construction has been completed and the premises inspected and certified by the zoning administrator to be in conformity with the plans and specifications upon which the approval was based.

(b)

No occupancy certificate for a building, or addition thereto, constructed after the effective date of the ordinance from which this chapter derives, shall be issued and no addition to a previously existing building shall be occupied until the premises have been inspected and certified by the zoning administrator to be in compliance with all applicable standards.

(c)

Pending the issuance of a regular occupancy certificate, a temporary occupancy certificate may be issued to be valid for a period not to exceed six months from its date during the completion of any addition or during partial occupancy of the premises.

(d)

The occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than 14 days after the zoning administrator is notified in writing that the building or premises are ready for occupancy.

(Code 1973, § 16.03.070(b))

By a resolution of the common council, from time to time, appropriate fees may be established for the following activities: zoning map amendment; zoning appeal or variance; conditional use permit; conditional use permit amendment as a remedy for noncompliance; lot paving/resurfacing; application for designation as "H" Historic Properties District; application to rescind designation as "H" Historic Properties District; submittal or resubmittal for design review.

(Code 1973, § 16.03.120; Ord. No. 3-94, pt. 1, 2-16-94; Ord. No. 26-04, pt. 1, 8-17-04; Ord. No. 40-04, pt. 1, 11-16-04; Ord. No. 23-05, pt. 3, 12-6-05; Ord. No. 1-08, pt. 1, 3-4-08)